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Federalism, First Amendment & Patents: The Fraud Fallacy, Robin C. Feldman
Federalism, First Amendment & Patents: The Fraud Fallacy, Robin C. Feldman
Robin C Feldman
Few arguments echo as strongly throughout United States constitutional history as those related to the role of the states in the federal union. Shifting across time, the role of the states in general has moved from a model of dualism — characterized by a strict separation of federal and state dominion — to a model of overlapping and concurrent powers. In the modern context of overlapping powers, the preemption doctrine manages the intricate areas of overlap, with topics ranging from antitrust to immigration.
Yet the concept of federalism, as applied by the circuit courts in relation to patents, has traveled …